Orders of the court are entered according to “the best interest of the child.” As children grow and situations change the court order will need modification to meet the changing needs of the child. It is not unusual for parents to modify provisions within a court order several times throughout the time they have a case with the Friend of the Court. A modification can be processed through the use of an attorney, in pro per (representing yourself) or through the Friend of the Court.
Child Support – Change of Circumstance Reviews
The FOC will initiate a child support review every three years by written request. Child support reviews will also be initiated if the child or the custodial parent begins receiving public assistance including placement on Medicaid, cash assistance and food assistance.
Either party may file a motion to change the support order without an attorney using the General Instructions to Modify a Child Support Order and Request Form. You may also hire an attorney of your choice to change your Order.
Custody and Parenting Time Modifications
Before a party can file a motion using the FOC process to change custody or parenting time, they must first attend the FOC Orientation. The filing party must attend orientation only once during the life of their case.
If parties can reach an agreement they can prepare a written document signed by both parties that states the specific changes they want made. This document must be submitted to the FOC for review and a Consent Order may be prepared.
Even though the parties have agreed to a change, the current order remains in effect until the judge signs a new order and it is filed with the court clerk.
If a parent wishes to relocate over 100 miles away or out of State, a motion will need to be filed. Please contact your FOC caseworker for information on filing a motion to proceed.
Child Support Charges During Incarceration
Upon notification of incarceration or release from incarceration after a criminal conviction and sentencing to a term of more than one year, the FOC shall initiate a review of the support order. (MCL552.517)